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(영문) 서울동부지방법원 2015.04.02 2014고단3269
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Around May 6, 2008, the summary of the facts charged stated that the Defendant: (a) at the Defendant’s real estate office located in Songpa-gu Seoul Building B-605, the Defendant: (b) concluded a real estate sales contract with the victim that sells three units of the newly constructed apartment units at KRW 120,000,000,000, the Defendant purchased three units of apartment units to be newly constructed and sold to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government FF Group at a higher cost for three months; and (c) concluded a sales contract with the victim that sells three units of the newly constructed apartment units at KRW 120,000,000 with the content that the Defendant would sell at KRW 33

On September 5, 2008, the Defendant sold three new apartment sales tickets to the victim on the face of the week after receiving a request from the victim for the sale of the right to sell the new apartment at the same place, and returned the certified certificate of membership status and the real estate sales contract, and made a false statement to the effect that the Defendant would refund KRW 120 million to the price.

However, in fact, around July 2008, the Defendant did not have any intention or ability to pay the price by selling the right to sell the ownership of the victim, because the Defendant had been in a bad condition and bad credit, and was thought to have changed the name of the union member by obtaining a confirmation of the status of the victim’s union member and a return of the real estate transaction contract.

The Defendant, by deceiving the victim as such, obtained the original copy of the above apartment sales contract and the certificate of the status of a certified member from the victim at the seat.

2. The summary of the defendant's and the defense counsel's assertion was requested by the defendant to sell three of the purchase rights of the newly built apartment ("the purchase rights of the case") to sell the purchase rights of the case, and there was a receipt of a written confirmation of membership status and a real estate sales contract ("the document of this case"), but there was no intention to commit fraud by the defendant.

3. Determination.

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